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2025 DAILYLAW 48028 (ALL)

KM. KARISHMA CHAUDHARY AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

HABC/329/2025 · 2025-04-27

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64639-DB Court No. - 43 Case :- HABEAS CORPUS WRIT PETITION No. - 329 of 2025 Petitioner :- Km. Karishma Chaudhary And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Adeel Ahmad Khan Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Adeel Ahmad Khan, learned counsel for the petitioners and Sri Rahul Asthana, learned A.G.A. for the State- respondents. 2. This writ petition has been filed for a direction to respondent no.4 to produce the corpus (petitioner) before this Court and release her in favour of petitioner no.2. 3. Admittedly, Habeas Corpus Writ Petition No. 166 of 2025 Km. Karishma Chaudhary (minor corpus) and Another vs. State has been filed by the father of the corpus wherein interim order dated 02.4.2025 was passed and the petition is still pending. Now, the brother has come forward to file the present petition along with the corpus. Prima facie, in the presence of father, petitioner no.2 who is brother, would not be a natural guardian and cannot claim custody that too when father has already filed the earlier habeas corpus petition. 4. After some arguments, learned counsel for the petitioners submits that he may be permitted to withdraw the present petition with liberty to the petitioner to pursue the remedy as may be available to him. 5. In view of the above, the present writ petition stands dismissed as withdrawn with liberty aforesaid. Order Date :- 28.4.2025 Madhurima Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad